Amherst man arrested for illegally possessing loaded handgun and marijuana

Batavia

BATAVIA, N.Y. (WIVB)–State Police stopped a vehicle Saturday afternoon at 1:45 on the Thruway in the Town of Batavia.

While interviewing the driver, police found probable cause to search the vehicle.

According to police, the driver of the vehicle, 34-year-old Colby Swain of Amherst, had marijuana on him. Police also located a duffle bag with a combination lock inside the vehicle.

Swain would not cooperate with police, so officials got a search warrant for the bag. He claimed ownership of over 11 ounces of marijuana and a loaded Smith and Wesson M&P .45 caliber pistol with an eight-round magazine.

Police say Swain did not possess a pistol permit.

He was taken into custody and charged with second-degree criminal possession of a weapon and third-degree criminal possession of marijuana.

He’s been arraigned in Town of Batavia Court and released under the supervision of Genesee County Probation.

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